US court issues preliminary injunction against DEI-related Executive Orders

At a glance

• On February 21, 2025, a preliminary injunction was issued by the United States District Court for the District of Maryland, blocking enforcement of certain provisions of President Trump's Executive Orders 14151, 'Ending Radical and Wasteful Government DEI Programs and Preferencing' and 14173, 'Ending Illegal Discrimination and Restoring Merit-Based Opportunity' (EOs).
• The lawsuit was initiated by several organizations and the Mayor and City Council of Baltimore against President Trump and various federal departments and agencies.
• The court found the Plaintiffs likely to succeed on claims that the EOs are unconstitutionally vague and violate First Amendment rights, and that they would suffer irreparable harm.
• The injunction prevents the federal government (excluding President Trump) from enforcing specific provisions of the EOs related to federal awards, contracts, and certifications.
• The Department of Justice can still investigate 'illegal DEI' programs, but the injunction will remain until a final judgment or appeal.

On February 21, 2025, the United States District Court for the District of Maryland issued a preliminary injunction enjoining the federal government from enforcing certain provisions of President Donald Trump’s January 20, 2025 EOs.

As discussed in our previous alert, the National Association of Diversity Officers in Higher Education, American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore, Maryland (collectively, Plaintiffs) commenced the first known lawsuit challenging the EOs against President Trump; the Departments of Health and Human Services, Education, Labor, Interior, Commerce, Agriculture, Energy, Transportation, and Justice; National Science Foundation; Office of Management and Budget; and the respective heads of these departments and agencies (collectively, Defendants).

The Plaintiffs moved for a temporary restraining order (TRO) and preliminary injunction to enjoin the EOs. Judge Adam B. Abelson granted a preliminary injunction (denying the TRO as moot) generally finding that the Plaintiffs are likely to i) succeed on the merits that the EOs are unconstitutionally vague and violate First Amendment free speech rights, and ii) suffer irreparable harm.

Specifically, the court:

• Enjoined the Defendants (aside from President Trump) from amending, blocking, canceling, pausing, modifying, or terminating any federal awards, contracts, or obligations pursuant to EO14151’s termination provision.
• Enjoined the Defendants (aside from President Trump) from requiring federal contractors and grantees from making a certification that they do not operate any 'illegal DEI' that violates federal anti-discrimination pursuant to EO14173’s certification provision.
• Enjoined the Defendants (aside from President Trump) from bringing any False Claims Act enforcement action or any other enforcement action pursuant to EO14173’s enforcement threat provision.

The court expressly declined to enjoin the Attorney General from preparing the report containing recommendations for enforcing federal civil-rights laws and taking other appropriate measures required under EO14173 or from engaging in any investigation. As a result, the Department of Justice will still be able to open investigations into what the government considers 'illegal DEI' programs.

The injunction, as detailed above, will remain in place until the court issues a final judgment on the substantive arguments in this case or the order is otherwise appealed and / or overturned.

For more information, please contact any of the authors or your DLA Piper relationship attorney.